Jump to Navigation

Attorney

David Smith strives to personify the intent of his firm, to care for businesses as people. His experience in advising businesses, contractors, and property owners on transactional matters, as well as handling a wide array of litigation cases, serves as a foundation for what this firm means to its clients and to its community.

David has gained his experience in solving complex commercial disputes while representing a wide range of clients, including financial institutions, contractors, developers, property owners, securities brokers, product manufacturers, insurance companies, and business professionals. Combined with his diverse litigation background, David's in-depth knowledge of the legal process enables him to assist his clients in solving disputes that otherwise get in the way of what they know best -- business.

David focuses his practice on resolving business and construction disputes. David also advises businesses, contractors, and property owners on transactional matters involving corporate formation and governance, real estate, contract negotiation, and employment matters.

David has successfully resolved product liability cases, construction litigation, UCC debtor/creditor disputes, employment issues, lien and bond claims, and intellectual property matters. David's experience in trial, arbitration, mediation, and settlement negotiations enables him to advise businesses on the many issues that arise under federal and state statutes, or under contract, both to avoid litigation and to ensure a strong defense in the event of a lawsuit.

Knowing that the best results depend on the expectations of the client and that each matter may have a different objective, he ensures that each client is provided the level of service required. David has:

  • Represented owners, contractors, developers, engineers, and design professionals in all facets of construction-related litigation, including trial, arbitration, and mediation.
  • Represented a variety of manufacturers and high-tech companies in intellectual property disputes over trademarks, trade dress, and copyrights.
  • Represented numerous lenders (both public and private) in collection of secured and unsecured loans.
  • Successfully represented through trial a general contractor in a Federal Court Miller Act lawsuit.
  • Represented a consulting firm in a $100 million complex professional malpractice lawsuit that was ultimately mediated with a favorable result for the client.
  • Co-arbitrated a National Association of Securities Dealers securities arbitration that resulted in a dismissal of all claims against the client.
  • Prosecuted ten jury trials as an acting assistant district attorney.
  • Successfully represented insurance companies and their insureds in all facets of disputes, including liability, coverage, subrogation, and inter-company claims.
  • Successfully arbitrated numerous subrogation claims on behalf of insurance companies.

Education and Professional Qualifications

  • B.A., Economics, University of Washington, 1992
  • J.D., Cum Laude, Temple University School of Law, 1996

Memberships and Honors

  • Oregon State Bar
  • Washington State Bar
  • United States District Court, District of Oregon
  • United States District Court, Western District of Washington
  • Multnomah County Bar Association
  • Clackamas County Bar Association
  • Home Builders Association
  • West Linn Chamber of Commerce
  • Rotary Club of West Linn

Publications

Copyright Law -- Application of the Fair Use Defense to Scientific Researchers Employed by a For-Profit Corporation -- American Geophysical Union v. Texaco, Inc.

Articles

  • Know Your Lien Rights
  • Attention: Contractors
  • Providers of Labor Beware: Failure to Be Licensed with the CCB Can Cost You
  • Walking the High Wire Without a Safety Net: The Unbonded Federal Project
  • What You See is Not Always What You Get

Attorney Smith is an experienced litigator and can effectively handle complex cases involving multiple parties, questions of liability, coverage and subrogation and other complex business issues. For a no-charge discussion with an experienced lawyer, contact us at 503-342-2623 or 866-986-6312.

The Smith Firm P.C. | Attorneys at Law